The Western Australian Clothing and Allied Trades' Industrial Union of Workers v Fullin Tailoring and Others [1992] WAIRComm 31 (27 February 1992)

The Western Australian Clothing and Allied Trades' Industrial Union of Workers

Clothing Trades Award 1973

(No. 16 of 1972)

COMMISSIONER S.A. KENNEDY 27 February 1992

THE COMMISSIONER: This is an application by The Western Australian Clothing and Allied Trades' Industrial Union of Workers (hereinafter 'the Union') for an increase in the award rates prescribed in Clause 18. - Wages of the Clothing Trades Award 1973. The increase sought is the 2.5% allowed under the Wage Fixing Principles as enunciated in Matter No. 704 of 1991 [71 WAIG 1723]. The proposed rates are identified in an amended schedule which is before the Commission by leave.

The application is not opposed and the Respondents represented agreed with the rates specified in the amended schedule and agreed to the operative date proposed by the Union.

The question for the Commission is whether the variation sought meets the tests of the Wage Fixing Principles in force at the time of hearing this application.

It is noted that the prerequisite commitment expressed in the decision in the June 1991 State Wage Case [ie. Matter No. 704 of 1991] was no longer required as a consequence of the Order which issued in Matters No. 1309 and 1310 of 1991 [71 WAIG 2748 at 2752].

The tests to be applied then are those set down under the Structural Efficiency Principle (and in fact reiterated in the reasons for decision issued on 31 January 1992 out of the most recent State Wage Case, being Matter No. 1752 of 1991).

Having examined the Award I am satisfied that these tests have been met or are being met other than that there does not appear to be an award provision in the terms of (e). It appears from the submissions of the Union that this is an oversight.

Subject to such being incorporated in the schedule of amendments the variation in award rates as sought with the agreed operative date shall be ratified. It may be that this would most readily be accommodated by the insertion of a new subclause (13) in Clause 7. - Contract of Service as follows -

(13) An employer bound by this award may direct an employee to carry out such duties as are within the limits of that employee's skill, competence and training.

Minutes will now issue to reflect these reasons. There will be a speaking to the Minutes and at that time the parties can address the matter of an incorporation of a provision in the award to meet the requirement set down in (e) of the Structural Efficiency Principle.

11 March 1992

This application was the subject of a further hearing to deal with the matter posed at the conclusion of the foregoing reasons. At that further hearing the Union confirmed that by oversight one of the criteria identified in the State Wage Case decision for the purposes of the 2.5% increase allowed had not been met. It sought to amend the schedule of amendments to correct this. Ms Marton consented to this course on behalf of the Respondents.

The amendment is accepted. The order which now issues reflects that.